Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and cause disease.

An attorney should be able to recognize asbestos in every case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples taken from home or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a disease that is related to asbestos law. Compensation can cover lost wages, medical costs and other expenses related to mesothelioma. You can bring a lawsuit, or offer an offer of settlement to the defendants.

There are typically multiple defendants in asbestos cases because there are many mining companies that produce asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos or acted as employers could be held liable for the victims' injuries.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that permit damages to be sought against manufacturers of products if the products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a design defect and that the victim was not properly warned of the risks associated with using the products.

In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a wide range of ailments. In addition, companies who concealed the risks of asbestos to increase profits have been accused of attempting to cover up by trying to thwart claims and attempting to stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found liable for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the responsibility among them in a process called apportionment. The apportionment doesn't affect the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous, asbestos attorney but failed to provide warnings to consumers and workers about this risk.

A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can make an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for financial and other damages, such as emotional distress, pain and suffering, and loss of enjoyment of the life of. In addition, the survivor family members of a person who died from an asbestos Attorney-related disease may make a claim for wrongful death.

When an asbestos lawsuit has been filed, the two parties exchange information in a process called discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to get the most compensation possible for our clients.

Contact us for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us by email or phone today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to assist the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that can come with a trial verdict. It is crucial to select an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into the history of their clients' employment as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related diseases however they didn't inform their workers or the general public.

Many states set time limits known as statutes of limitations which determine how long an asbestos victim can file a lawsuit. These time periods vary from state to state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their right to receive compensation.

The amount of compensation a victim can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure patients have enough money to pay their medical expenses. Asbestos-related victims can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts are depleted, but others continue to award large amounts of money. For instance, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help settle problems that cannot be resolved through settlement negotiations, like differences in how to calculate damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical expenses and lost wages, damages to property, pain and discomfort, and loss in consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The trial can be long. In the past decade, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal rights in a courtroom open to the public. A qualified attorney can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the responsible parties, asbestos cases can be more complicated. This is especially true when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma attorney can interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an exhaustive database of the companies as well as their products and locations.

The expense of settling asbestos claims eats away funds which could have been used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.

Defendants can fight to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and an expert's opinion that the doses of asbestos the plaintiff took did not cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and make sure that it doesn't be added to the long backlog of cases in the courts.